What has the most effect at an immigration hearing: The level of the charge or the level of the conviction?

Asked over 1 year ago - Saint Paul, MN

Register of Action record describes the Disorderly Conduct Charge as a misdemeanor but the level of the conviction & sentence was a petty misdemeanor.

Attorney answers (4)

  1. Karen-Lee Pollak

    Contributor Level 19

    9

    Lawyers agree

    Answered . The judge will look at the totality of circumstances in weighing the charge and conviction.

  2. William R. Borene

    Contributor Level 8

    6

    Lawyers agree

    Answered . Conviction is more important. If you have an attorney or public defender, you may want to ask about immigration consequences.

  3. David Lee Wilson

    Contributor Level 10

    5

    Lawyers agree

    Answered . It really dependso on the context. For most immigration matters, the level of the conviction is more important than the actual charge. However, there are instances in which the government will try to reach back to the initial charge to establish the actual conviction is different. For example, a disorderly conduct involving a relative who lives with the person has been argued in some areas to qualify as a domestic offense. The other variable is not the offense, but the sentence. Petty misdemeanors almost have no immigration effect by themselves, but can combine with other criminal history to create an immmigration law concern. All contact with the criminal justice system requires careful consideration of the charge, the proposed outcome, and the person's history.

    The law may vary from state to state and is subject to change without notice so that some information may not be... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    6

    Lawyers agree

    Answered . Both. The judge will review the entire criminal case record in making the determination.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
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